tag:www.fredremer.com,2013-03-21:/blog/814622018-12-13T12:28:45ZMovable Type Enterprisetag:www.fredremer.com,2018:/blog//81462.35472332018-12-13T12:29:45Z2018-12-13T12:28:45Z
Disagreements can turn into fights, which can turn into something neither side wanted to happen. However, if a line is crossed, a conflict could be considered domestic violence. Did you also know that domestic violence acts can occur without any actual conflict? This is because acts of domestic violence can be physical or mental and emotional.

So. this begs the question, what acts can be considered domestic violence? The easiest to recognize are acts of physical violence, many of which leave a mark on the body. The harder ones to distinguish are the acts that cause mental or emotional turmoil. However, there are also sexual acts that can be considered domestic violence, as well as threats or even financial abuse. In short, there could be more than one way to engage in or be the victim of domestic violence acts.

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Domestic violence can effect partners and family members, among others. For example, a wife could be experiencing allegations of domestic violence abuse per her husband, as could her children be suffering under their father. However, sometimes only one person is the target of domestic violence in the household. It can be even harder for children or spouses to watch the domestic violence happen to other loved one's in their household.

It's not unheard of for domestic violence allegations to be false, or have no basis in truth. All people are innocent until proven guilty, especially when it comes to an act like domestic violence that could impact home life, work life and even personal freedoms if charged with a crime. Temporary restraining orders may be put in place in instances when domestic violence is alleged.

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tag:www.fredremer.com,2018:/blog//81462.35412842018-12-12T02:11:34Z2018-12-12T02:10:34Z
Opioids can seem like a lifesaver when doctors prescribe them to individuals suffering from serious pain. On the other hand, opioids can also seem to destroy lives when people become addicted to them. Unfortunately, opioids are highly addictive, and even someone who starts out using the pills as a prescription pain reliever could succumb to addiction.

Addiction can also result in someone carrying out other unseemly behaviors, some of which could be illegal. If you have a loved one who suffers from opioid addiction, you may have become a victim of his or her behavior, such as having your credit card stolen so the person could pay for drugs. In fact, this type of addiction and credit card fraud often correlate.

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The costs of addiction

Because you are not the one suffering from the addiction, you may often feel baffled by your loved one's actions. Of course, you undoubtedly know that his or her desire to gain more of the drug is what drives the behavior. You may have felt relieved that your family member found relief from his or her pain, but after the person continued using the drug after no longer needing it, your relief may have turned to concern.

At first, your loved one's behaviors may not have bothered you to a great extent, but later, you may have noticed one of your credit cards missing or maybe you received notice of concerning charges to your card that you did not make. Your thought may have jumped to your loved one having used your card to support his or her addiction.

The cost of opioids on the street are considerably inflated. For example, if a person receives a 10-milligram pill of oxycodone from a doctor, the cost is approximately $1.25. On the street, that same pill would cost approximately $10. That amount may not seem like much overall, but addiction results in individuals building up a tolerance and needing more of a substance to reach the feeling they once got with less. Soon, your loved one may not be able to afford the drug habit and steal from you.

Criminal repercussions

Because you love your family member, you may want to help him or her in other ways than contacting police about the unauthorized use of your credit card. However, it is possible that he or she may commit credit card fraud against others, and it is likely that criminal charges for fraud could result, which could also lead to drug charges if authorities find cause to make such allegations.

In such a case, you may fear that your loved one will not know where to turn for help. Though you have been wronged as a result of the addiction, you still want to help because you love this person. As a result, you may take steps to find out legal information that may be of use to your loved one, including speaking with a California attorney.

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tag:www.fredremer.com,2018:/blog//81462.35269702018-11-29T14:43:28Z2018-11-29T14:42:28Z
According to recent reports, there is a backlog in the testing of rape kits for all kinds of victims, including domestic violence victims. It could take several weeks, months or even years for a rape kit to be tested. This can cause problems across the board, but it appears there has been an advance in the technology with which a rape kit is tested.

The advances in technology would allow a rape kit to be processed in a more timely manner. It should help to reduce the 225,000 or so rape kits that are awaiting analysis. Part of the advances came from right here in Alameda county. A technique developed by the Oakland Police Department now makes it easier and quicker for the analyst or technology to differentiate between the attacker's and victim's cells. This could shed light on domestic violence cases, as well as incidents of rape.

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Not only can it give information and clarity to the victims, it can help to weed out false accusations. False accusations happen in every sector of criminal law and they happen for a variety of reasons. When DNA analysis is involved, it can clear up discrepancies for the accused and the accuser. In Oakland, and the surrounding area, the new technology has been used to speed through 243 rape kits, eliminating the backlog for the year.

Thinking ahead, this process could be used to help determine not only the validity of a person's claim, but to determine with less than a percent of doubt what person could have been involved. While it might not name a person, DNA evidence from rape kits can also eliminate suspects. This is freeing for those individuals as well.

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tag:www.fredremer.com,2018:/blog//81462.35098812018-11-15T15:09:13Z2018-11-15T15:08:13Z
Prescription drugs and over-the-counter medications are readily available and prescribed. Meanwhile, several substances are considered controlled substances and the use or possession of such could lead to criminal charges. If you are accused of a drug crime, there are ways to examine the situation to attempt to create the most favorable outcome possible.

This comes down to building a criminal defense strategy that works to portray the side of the story of the accused. It can also point out any holes in the prosecution or police accusations. Whether a person is facing drug possession, intent to sell or other related drug charges, a drug conviction can change a person's life forever. Drug crimes can be prosecuted as a felony or a misdemeanor.

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If you or a loved one is facing a drug crime accusation, it's important to understand the specifics of the charge. Misdemeanors have potential penalties of up to a year in jail if a person is convicted, and felony can lead to a year or longer. That's a huge potential sentencing differential, if convicted. Every person accused of a crime is entitled to build a criminal defense.

The criminal defense strategy that a person chooses could look very different from one that another person accused of the same crime might use. This could be due to previous convictions, specific facts surrounding the alleged incident, evidence the defense plans to present or many other factors. This shows just how many variable factors can impact a person's drug crime accusation.

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tag:www.fredremer.com,2018:/blog//81462.34958812018-11-02T03:20:55Z2018-11-02T03:19:55Z
Human nature spans a variety of emotions. Love, hate, happiness and anger are just a few feelings that a person can experience as frequently as on a daily basis. Sometimes, emotions can get out of control and be the driver behind poor decisions. However, domestic violence is illegal in the state of California and there are ways to be prosecuted for this type of crime.

When there are allegations of domestic violence, there are usually two sides. One party may see the domestic violence allegation differently than the other. Two people may describe an event completely differently. However, evidence and corroboration of events can help to prove the truth of one side over the other. California law allows those who allege domestic violence to seek emergency protection orders against their alleged attacker.

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This can be put into motion prior to conviction of charged or alleged crimes. These emergency protection orders usually require that the alleged attacker stay clear of the victim and have no contact whatsoever for a specified amount of time. A common defense to an allegation of domestic violence include self-defense via a mutual combat situation with your intimate partner. A felony conviction related to a domestic violence charge can result in up to a year in jail.

Realizing that you and your significant other have come to an undesirable place in terms of your relationship is one hardship. To face domestic violence allegations or to be the victim of domestic violence is a completely more difficult situation. Finding your way through it can be neither clear nor easy. Finding a way out to a positive place can take effort and a true transformative experience.

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tag:www.fredremer.com,2018:/blog//81462.34826492018-10-19T02:32:54Z2018-10-19T02:31:54Z
Recent reports have shown that drunk driving arrests have trended down in the last two years in the San Francisco bay area. What would cause a decline in nearly 2,400 arrests in a two-year span? At first, authorities and the city were scratching their head. Then they realized the factor introduced that could have impacted the result of fewer drunk driving arrests.

That factor is ride sharing services like Uber and Lyft. Studies by the University of California at Davis found that arrests had declined by 32 percent in San Diego, 28 percent in San Jose, 26 percent in Sacramento and 14 percent in both Los Angeles and the San Francisco-Oakland area in the two years after ride sharing began in each of the areas. These are significant numbers and it means far less people were facing potential criminal charges for drunk driving or intoxicated driving allegations. Other large cities that use the ride-sharing apps, like Las Vegas, have also seen huge decreases in the amount of intoxicated driving allegations.

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There has been talk of the intoxication levels being stricter, some want to reduce it from the .08 BAC to .04. This reduction, if it goes through, would ensure that a person have a drink or less before getting behind the wheel. .04 BAC leaves almost no room for alcohol consumption of any kind before getting behind the wheel. However, these are just talks, nothing has been set in stone or has passed officiating bodies.

DUI checkpoints are a common means in which a person is accused of driving intoxicated. These DUI checkpoints are set up and cars are picked at random or if they show signs of intoxicated driving behaviors. There is another way to get home, thanks to rideshare apps. For those facing felony DUI, consider what this could mean for your future if convicted and act appropriately.

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tag:www.fredremer.com,2018:/blog//81462.34726252018-10-11T15:21:36Z2018-10-11T15:20:36Z
For better or worse, police officers often receive training in identifying objects that could indicate drug use. The problem is that people who abuse, sell and manufacture drugs use everyday objects. For this reason, a police officer may immediately suspect an individual of possessing drugs due to the presence of one or more object in your possession.

Most illicit drugs require the use of certain objects in order to use, manufacture or sell them. If police suspect you of a drug crime based on objects you are carrying or are in control of, it might be useful to understand what drug officers suspect you have in your possession.

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Different drugs require different objects

The official term for these objects is "drug paraphernalia." Those who use drugs often carry a kit that contains all of the items needed in order to use a particular drug. Items such as scales, plastic baggies, balloons and other objects could indicate someone who sells or manufactures drugs. While many objects are commonly known to be used in the drug trade, that does not necessarily mean that a person carrying them is involved in illegal drugs. Many illegal drugs are either snorted or injected.

Paraphernalia associated with snorting drugs

Police often associate the following objects with snorting drugs:

Small glass vials with or without a spoon in the lid

Razors

Credit, debit or gift cards

Hollowed out pens

Cut off straws

Mirrors

Other hard surfaces

People can use the above objects to snort, or inhale, drugs. This method of drug use bypasses your digestive system allowing the drug to flow directly into the blood stream. For instance, powdered cocaine or heroin can be snorted.

Paraphernalia associated with intravenous drug use

Police often associate the following items with intravenous drug use:

Belts, straps and rubber tubing used as a tourniquet

Razors

Syringes or needles

Vitamin C, lemon juice or citric acid

Alcohol swabs or rubbing alcohol

Spoons

Cotton balls, cigarette filters or other materials used to strain a drug

Taking a drug intravenously means injecting it directly into the bloodstream, which causes an instant high or rush. People can also inject heroin and cocaine in addition to snorting them.

People smoke other drugs, so police may look for objects such as pipes, bongs or rolling papers, among other things. Having one or more of these objects in your home or on your person may not necessarily indicate drug use, but a suspicious California officer may use an accusation of possession of drug paraphernalia to lead to more investigation to determine whether you are engaged in some sort of drug crime. For this reason and others, you may want to take such a charge seriously.

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tag:www.fredremer.com,2018:/blog//81462.34589402018-10-03T16:26:13Z2018-10-03T16:25:13Z
Everyone stops out for a drink after work, right? This isn't exactly true, although many do indulge in spirits after work hours. How a person gets home after enjoying a few drinks is important. It is illegal to get behind the wheel when one is intoxicated beyond the legal limits.

Because of this, one may be facing charges related to DUI or felony DUI. There is a big difference between the two, as the latter is obviously charged as a felony and the other, a misdemeanor. Felony is most characterized as one convicted of such a crime would be a convicted felon and they could face one year or more in jail. However, one is not convicted of a crime merely because they are accused of one.

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At the Law Offices of Frederick R Remer, we know how an allegation like DUI can be affected your life, or lives of loved ones. The truth is, an arrest for driving under the influence (DUI) related to drugs or alcohol can result in a suspended license, stiff fines and jail time, even for a first-time offense. In addition, a DUI arrest can cause chaos and unrest in a person's work and personal life. We are here to defend our clients against accusations of DUI.

All criminal defenses will look different based on a person's specific situation and the allegations against them. Understanding what one is charged with is the first step in building a quality criminal defense. Criminal defense strategies can come from a variety of point-of-views and it's important to develop yours. You may or may not take the stand when accused of DUI in a criminal trial.

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tag:www.fredremer.com,2018:/blog//81462.34456042018-09-21T13:40:39Z2018-09-21T13:39:39Z
If a person is charged with intent to distribute or another similarly worded term for intent to sell in a drug crime charge, this is a serious allegation. Rather than being slapped with a charge for drug use, the prosecution is going to allege that a person was not only in possession, but looking to sell to others for profit.

The reason this can become serious quickly is because intent to sell can be charged as a federal crime. Depending on the evidence the prosecution may have in their possession, this could result in a felony conviction or a stint in a federal prison. If a person has been charged with possession, this is usually treated as a state-mandated crime and is not typically a felony unless the person is in possession of a certain amount or if prior convictions impact the current drug charge the person is facing.

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After charges have been filed, California residents will know what they are facing in terms of the scope of their drug charge. Understanding the difference between these allegations can dictate what a person will do in response. As it unfolds, building a criminal defense is usually advisable. This can help prepare a defendant's evidence and story in response to the prosecution's drug allegations.

If you have questions about your drug charges, it's good to seek answers. Failure to do so could result in an unfavorable drug conviction, which could have potentially been avoided. Achieving an optimal result should be the goal when facing drug allegations. Getting answers to questions can help to achieve that goal.

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tag:www.fredremer.com,2018:/blog//81462.34208742018-09-05T14:31:51Z2018-09-05T14:30:51Z
When a couple does not agree on something, things can escalate quickly. In most instances, this means a quick argument which is resolved at a later time. However, sometimes disagreements between spouses or family members can get really heated and, on some occasions, violent. If you or a loved one has been involved in an incident related to domestic violence, understanding what could happen next is important for both parties involved.

If the police are called to a home due to allegations of domestic violence, they may enforce and "EPO," or Emergency Protection Order. Emergency Protection Orders are a kind of restraining order, but a temporary restraining order. It's meant to give space to both parties involved in a domestic violence situation to prevent any further escalations of violent behavior. There are other, more permanent, restraining orders that could result after-the-fact.

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There is the more traditional restraining order, sometimes called a protection order, that is meant to last in the long term. A protection order is different from an EPO because it lasts for a much longer period of time, typically for one to five years. In some extreme circumstances, protection orders can last for a lifetime. A victim can renew the protection order if that person still feels threatened by the abuser at a time when the protection order is expiring.

Restraining orders can complicate a person's life significantly. Since domestic violence, by definition, happens between family members, it could alienate a person from their family. It could have implications on a child custody arrangement if one exists, or will exist later on. It's important to understand the long-lasting consequences filing for a restraining order can have on everyone involved.

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tag:www.fredremer.com,2018:/blog//81462.34021922018-08-23T15:37:55Z2018-08-23T15:36:55Z
Did you know that you can be randomly stopped, assessed and even searched at designated areas during special checkpoints by licensed officers? It's true. California law allows for DUI checkpoints to be set up and orchestrated on Alameda county roads. The intention of the DUI checkpoint is to deter or catch intoxicated drivers.

This is because it's proved that intoxicated drivers are dangerous drivers. While these checkpoints are announced ahead of time in the local news, the exact day, time and location will not be named, just that a DUI checkpoint will be set up. Why is this? The way the message is delivered about the checkpoint is done in hopes of deterring intoxicated drivers from getting behind the wheel, but also to encourage those who are intoxicated to find a safe ride home.

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If the day, time and locations were known, the DUI checkpoint could be easily avoided. The point is, those who are stopped at DUI checkpoints could be questioned, breathalyzed and even arrested, if authorities suspect intoxication of a driver. A DUI charge, however, is not the same as a conviction, so it's important to understand the distinction.

As you plan your weekend trips, be aware that a DUI checkpoint could be on the way to your final destination. Plan accordingly for a sober ride and if facing charges related to DUI know what charges and potential consequences you could face for conviction of those crimes. Understanding is the key to seeking out and achieving the best outcome when facing felony DUI.

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tag:www.fredremer.com,2018:/blog//81462.33965192018-08-17T16:31:33Z2018-08-17T16:30:33Z
White collar crime involves criminal activity committed with the intent of financial gain. Even though white collar crime charges lack a violent element, a conviction can result in serious penalties, such as extensive time behind bars. If you are facing these types of charges, you would be wise to take your situation seriously and build a strong defense.

California readers may know most white collar crimes involve deception, theft and other means of accessing information, taking assets or stealing money. These cases can be quite complex, and it is never too early to take steps to protect your interests. Whether you are under investigation, already facing charges or believe you may be soon, you can take steps to start developing a defense strategy.

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What counts as white collar crime?

White collar crimes are most often financially motivated crimes. With the growth and widespread access of computers and the internet, many white collar crimes take place online. Some of the most common types include the following:

Embezzlement is a type of white collar crime that involves taking money from a person who trusts the recipient to perform a certain task, such as a financial investor.

Fraud involves using deception to take money from another person. This can include mail fraud, credit card fraud and even identity theft.

Money laundering is a white collar crime that involves putting money through various transactions in order to make the money seem like it was gained legitimately.

Any of these charges will likely require a lengthy investigative period. These cases are quite complex, and they involve intricate financial and tax laws that can be difficult to understand. You do not have to understand the laws to know that any time your future is on the line, it is worth protecting. Conviction of any type of white collar crime can result in time behind bars and other serious penalties.

Act quickly for the sake of your future

Many people fail to see the importance of taking defensive measures as early as possible. You can seek legal guidance regarding appropriate defense strategies at any point, but the earlier you have this support, the sooner you can begin to develop an appropriate defense strategy and ensure the full protection of your rights throughout this process.

If you are unsure of where to begin, you can start with a complete evaluation of your case. This allows you to have an explanation of legal rights and the specific options available to you.

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tag:www.fredremer.com,2018:/blog//81462.33852682018-08-09T15:20:47Z2018-08-09T15:19:47Z
Everyone has disagreements. It is a part of life-it is not possible that you and your loved ones are always going to see eye-to-eye on everything. While most disagreements get resolved without major issues, sometimes things escalate. If a situation has become violent or you feel emotionally victimized by your partner or a family member, it could be a situation that would qualify as domestic violence.

Occurrences of domestic violence are high and this negative behaviors affects many people each year. There are laws in place to protect victims of domestic violence, criminal charges can be filed and it can mean repercussions for all family members impacted. If going through a divorce or a change in child custody, instances of domestic violence on record can greatly impact the outcome. At the Law Office of Frederick R Remer, we want nothing more than to see our client and those in our Hayward community, safe happy and healthy.

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However, domestic violence can really get in the way of that goal. Whether accused of an act related to domestic violence or if you have been the victim of domestic violence acts, there is a way to get your life back on track. It takes strength and some planning in order to get yourself out of a bad situation with domestic violence.

If you or a loved one is involved in a situation that could be characterized as domestic violence, things need to change. No-one should live in those conditions. It could have negative effects on family members living in the house as well, especially children. Making the decision to move forward and to have change is difficult, but important when experiencing domestic violence.

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tag:www.fredremer.com,2018:/blog//81462.33691992018-07-27T15:39:23Z2018-07-27T15:38:23Z
If you or a loved on has been pulled over and arrested on charges related to intoxicated driving, there are many questions the accused and family will have about what's happening. A person can be arrested and charged with DUI, or a drunk driving related offense, and there are different severity levels when it comes to DUI. Rather, one-size DUI does not fit all. The highest level of DUI-related charge one could be facing is felony DUI.

So what is the difference between regular, misdemeanor DUI and felony DUI? Well, since one is prosecuted as a misdemeanor and the other, a felony, the potential punishments if convicted of the charges are different, with felony DUI being more severe. What factors might bump a regular misdemeanor DUI from the lesser charge to the more severe felony DUI? Elevated blood alcohol concentration (BAC), bodily harm, prior convictions, children in the vehicle, or apprehended while on suspended/revoked license can elevate the charge from standard DUI to felony DUI.

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It isn't uncommon for those to be pulled over for DUI to have been charged before. With stricter laws for repeat offenders, a person who blew .10 several years ago and .10 just recently could be facing much more serious DUI charges than the first time around. If a person is really intoxicated (levels way over the legal limit of .08) this shows gross negligence on behalf of the driver and thus the charge could become a felony. If a person causes a car accident while intoxicated that hurts or kills someone, this will automatically qualify one for felony DUI, among other charges.

While there may have been no ill-will on behalf of the person accused of DUI, intoxicated driving behaviors can easily hurt someone. That's why the law has gotten so tough on intoxicated drivers. If you or a loved one is facing charge related to DUI, they should be taken seriously. If convicted, they can have a big impact on the future.

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tag:www.fredremer.com,2018:/blog//81462.33435532018-07-11T14:16:44Z2018-07-11T14:15:44Z
There are a few situations that can cause a person to act in a way that they otherwise wouldn't. Okay, maybe more than a few, but it's fairly well known that drugs and alcohol can cause a person to behave in ways they otherwise wouldn't when they are sober. An altercation happened between a man and a police officer in Berkeley that ended with several criminal charges, one related to drug charges. The police officer left the scene with a concussion.

According to reports, the officer was called to the scene after someone called in to report that the man was unresponsive. Once the officer arrived, he started a conversation with the man, who is alleged to be a homeless man in the area. The fire department and paramedics were dispatched to check on the man's well-being and overall health. When the officer attempted to keep the man in the vicinity, so his health could be assessed, he became uncooperative.

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The officer was punched in the face as the man allegedly became violent, then continuing his attack by tackling the officer. Medics were on-scene and were able to restrain him until backup arrived. He was then arrested on suspicion of felony assault on a peace officer, resisting arrest and possession of drug paraphernalia. Bond is set at $5,000 at Alameda county jail.

It's unclear what caused the man to become so angry, so quickly. However, his actions could certainly land himself a criminal conviction. However, due process will need to occur first. How much intoxication could have led to the man's alleged outburst is unclear.